had not been dismissed." The Commission added that "[i]f, for valid reasons, reinstatement
is not possible, an alternative compensation should be [awarded]."
142. The representative requested that "the [alleged] victim be reinstated" to the National
Police "with all the prerogatives [would] correspond to him, with the rank that [his] colleagues
currently hold [...], the salary that would correspond to him today, the payment that [would]
correspond [...] in that relating to social security," in addition to "unemployment pay from
the date of dismissal until his reinstatement, as well as the elimination of any records referring
to the act declared to have violated the Convention." They requested that if reinstatement is
not possible, an indemnification of $30,000.00 (thirty thousand United States dollars) be
awarded to him, separately from the compensation for pecuniary and non-pecuniary damages.
143. The State argued that reinstating Mr. Mina Cuero into the police force is not feasible,
citing a technical and legal analysis conducted by the National Directorate of Legal Advice of
the National Police, based on Article 112 of the Organic Code of Citizen Security and Public
Order Entities,119 without any of the exceptions provided for in that rule. The State pointed
out that twenty-one years have passed since the victim's dismissal from the National Police,
"a situation that further complicates the possibility of his reinstatement, as it could generate
conflict within the structure and functioning of the institution," which is consistent with the
criteria expressed in this regard by the Constitutional Court of Ecuador.
144. The State pointed out that the representatives intend the reinstatement of Mr. Mina
Cuero "at the rank that their colleagues currently hold"; however, this is impossible "due to
non-compliance with the requirements for such purpose, and additionally, this possibility
would undermine the organic structure of the National Police, as[...] promotions of police
personnel also depend on the existence of organizational vacancies." The above is consistent
with the expert opinion rendered by the expert Leonardo Jaramillo in the Case of Flor Freire
v. Ecuador. It was requested that in the event the Court determines the State's international
responsibility, "the impossibility of promotion and reinstatement [...] be taken into
consideration, and based on this, the appropriate reparation be ordered for Mr. Mina Cuero."
for which the rank of National Police must be taken into account, given that the victim "did
not meet all the requirements for [a] promotion."
145. The Court, taking into account the arguments presented by the State, considers that
due to the time elapsed since Mr. Mina Cuero's dismissal, as well as the structure and
functioning of the police institution, it is not feasible to reinstate the victim to the position he
held. Given the violations declared in this Judgment, the State must pay Mr. Víctor Henrry
Mina Cuero a fair and equitable compensation of $30,000.00 (thirty thousand United States
dollars).
C. Measures of satisfaction
119
Article 112 of the Organic Code of Citizen Security and Public Order Organizations:
Reincorporation. Police officers who have been dismissed from the institution may not return to active
duty. The following cases are exempt from this provision: 1. If the legal effects of a final conviction are
reversed in accordance with the Constitution of the Republic and the law; and, 2. By means of a resolution
or final judgment in the corresponding judicial or administrative instance. In these cases, they shall be
reinstated with the rank, rights, and conditions they would have attained from the moment of their
cessation, subject to compliance with the current legal requirements established for this purpose in the
Regulations to this Code. When reinstatement is unenforceable or impossible to fulfill, the person shall be
granted the pecuniary and non-pecuniary reparations to which they are entitled for the entire period that
has elapsed.